Murder charge in crash death of unborn child

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Good morning, and welcome to the Essential California newsletter. It’s Wednesday, Aug. 10, 2022. I’m Gale Holland, Los Angeles Times staff writer and assistant Metro editor, coming to you from Echo Park.
The fiery crash last week in Los Angeles’ Windsor Hills neighborhood has produced a video of unspeakable devastation. It also raised questions about the legal consequences of killing a woman who is far along in a pregnancy.
Prosecutors say Nicole Lorraine Linton, 37, a visiting nurse from Houston, was driving a Mercedes-Benz on La Brea Avenue at speeds up to 90 mph when she blew through a red light and smashed into cross traffic at Slauson Avenue. Two cars burst into flames, and six others were struck. There was no sign of Linton slowing, although the light had been red for nine seconds when she hit the intersection, authorities said.
Linton was charged Monday with six counts of murder and five counts of gross vehicular manslaughter. The murder charges were for the deaths of Asherey Ryan, 24; her 11-month-old son, Alonzo Quintero; Ryan’s unborn child, Armani Lester; Armani’s father, Reynold Lester, and two women whom the coroner has not publicly identified.
In California, the unlawful killing of a fetus committed with homicidal intent — “malice aforethought” — is murder. The state does not have a fetal manslaughter charge.
Ryan was 8½ months pregnant when the accident occurred. How far the pregnancy has progressed is not an issue in fetal homicide. UC Irvine law professor Michele Goodwin said fetal “viability,” although central in the now-overturned abortion rights decision, is not an absolute standard.
“Just making it through the birth canal does not help us understand viability, because we have such high rates of infant mortality in this country,” Goodwin said.
The Los Angeles County medical examiner places Armani Lester’s birth and death on Aug. 4, the date of the accident.
A coroner spokeswoman, Sarah Ardalani, said in an email that Armani was separated from Ryan in the accident and pronounced dead when he was found. The coroner lists the cause of Armani’s death as blunt trauma.
To prove murder, prosecutors must show that Linton knew that the act of driving at a high speed on city streets put human life at risk. Her driving record may provide the district attorney with ammunition: The California Highway Patrol said Linton had been involved in 13 previous accidents, including one that totaled two cars and resulted in bodily injury.
Defense attorney Halim Dhanidina asked the court Monday to continue Linton’s arraignment to October because he was reviewing her out-of-state history of “documented profound mental health issues.” Los Angeles Superior Court Judge Natalie Stone said Linton should have been aware of her limitations and denied bail. Linton could face life in prison.
[[Read “Mercedes driver charged with murder in crash that killed 5 in Windsor Hills” in The Times.]]
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As The Times detailed, Girardi paid well-regarded private judges as much as $1,500 an hour to help him administer mass tort cases involving thousands of clients. The Times described how Girardi traded on the names of these former jurists to deflect questions about missing money and, in some instances, to aid his misappropriation of client funds.
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On May 7, 1959, my Dad took me to the Yankees-Dodgers game. As we were going up the escalator, it passed field level. Mickey Mantle was leaning out the visiting team window. He saw my Yankees cap and my glove, reached down, yelled, “Catch this!” and threw me a baseball. My friends and I played all summer with that ball.
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